Citation and commencement

1.—(1) This Order may be cited as the Immigration (Isle of Man) Order 2008.

(2) This Order shall come into force—

(a) on 13th March 2008, for the purpose of enabling rules, regulations and orders to be made under any enactment which extends to the Isle of Man by virtue of this Order;

(b) on 1st May 2008, for all other purposes.

Interpretation

2.  In this Order—

“the 1971 Act” means the Immigration Act 1971(1);

“the 1981 Act” means the British Nationality Act 1981(2);

“the 1988 Act” means the Immigration Act 1988(3);

“the 1996 Act” means the Asylum and Immigration Act 1996(4);

“the 1999 Act” means the Immigration and Asylum Act 1999(5);

“the 2002 Act” means the Nationality, Immigration and Asylum Act 2002(6);

“the 2004 Act” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(7);

“the 2006 Act” means the Immigration, Asylum and Nationality Act 2006(8).

Revocation of existing Orders

3.  The following Orders are revoked—

(a) the Immigration (Isle of Man) Order 1991(9), and

(b) the Immigration (Isle of Man) Order 1997(10).

Transitional provisions

4.  The transitional provisions in Schedule 2 shall have effect.

General modifications

5.  Unless the context otherwise requires, in any enactment which extends to the Isle of Man by virtue of this Order—

(a) any reference to—

(i) an enactment which extends to the Isle of Man (whether by virtue of this Order or otherwise), or

(ii) a provision of any such enactment,

shall be construed as a reference to that enactment or provision as it has effect in the Isle of Man;

(b) any expression which is not defined in that enactment but is defined in the Interpretation Act 1976 (an Act of Tynwald)(11) shall have the meaning assigned to it by that Act;

(c) any reference to a named Department (including the Treasury) is to the Department of the Isle of Man Government so named.

Extension of the Immigration Act 1971 to the Isle of Man

6.—(1) The following provisions of the 1971 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 3.

(2) The provisions are—

(a) Part 1 (regulations of entry and stay);

(b) Part 3 (criminal proceedings);

(c) Part 4 (supplementary provisions), except for sections 29 (contributions to expenses), 30 (return of mental patients), 34 (repeal, transitional and temporary provision), 35 (commencement and interim provisions) and 36 (power to extend to Islands).

7.  For ease of reference, the provisions of the 1971 Act as modified and extended to the Isle of Man are set out in Part 1 of Schedule 10.

Extension of the British Nationality Act 1981 to the Isle of Man

8.—(1) The following provisions of the 1981 Act shall extend to the Isle of Man.

(2) The provisions are—

(a) subsections (1), (2) and (4) of section 39 (amendment of Immigration Act 1971);

(b) subsection (6) of section 39 in so far as necessary for the purposes of the next subparagraph;

(c) the following paragraphs of Schedule 4 (amendments of Immigration Act 1971)—

(i) paragraph 1;

(ii) paragraph 2, except in so far as it relates to the following provisions of the 1971 Act—

(aa) subsections (5) and (7) of section 3 (general provisions for regulation and control);

(bb) subsection (2) of section 14 (appeals against conditions);

(cc) subsection (1) of section 29 (contributions towards expenses);

(dd) paragraph 3(1) of Schedule 4 (integration of immigration laws);

(iii) paragraph 3 in so far as it relates to the following provisions of the 1971 Act—

(aa) subsection (1)(d) of section 26 (general offences in connection with administration of Act);

(bb) paragraph 19(2) of Schedule 2 (administrative provisions as to control and entry);

(iv) paragraph 5;

(v) paragraph 7.

Extension of the Criminal Justice Act 1982 to the Isle of Man

9.  — Section 64 (person recommended by courts for deportation) of, and Schedule 10 (amendment of Schedule 3 to the 1971 Act) to, the Criminal Justice Act 1982(12) shall extend to the Isle of Man.

Extension of the Immigration Act 1988 to the Isle of Man

10.—(1) The following provisions of the 1988 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 4.

(2) The provisions are—

(a) section 2 (restrictions on exercise of right of abode in cases of polygamy);

(b) subsection (3) of section 3 (proof of right of abode) in so far as it amends subsection (2) of section 2 (statement of right of abode) of the 1971 Act;

(c) subsections (1) and (2) of section 6 (amendment to section 24 of the 1971 Act);

(d) section 7 (persons exercising Community rights and nationals of member States);

(e) section 10 (minor amendments) in so far as necessary for the purposes of the next subparagraph;

(f) the following paragraphs of the Schedule (minor amendments)—

(i) paragraphs 1 and 2;

(ii) paragraph 5;

(iii) paragraph 7(1);

(iv) paragraph 8(1) and (2);

(v) paragraph 9(1) and (2);

(vi) paragraph 10(1), (2) and (3);

(g) section 11 (expenses and receipts); and

(h) section 12 (short title and interpretation).

11.  For ease of reference, the provisions of the 1988 Act as modified and extended to the Isle of Man (except for provisions which amend or repeal other enactments) are set out in Part 2 of Schedule 10.

Extension of the Asylum and Immigration Act 1996 to the Isle of Man

12.—(1) The following provisions of the 1996 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 5.

(2) The provisions are—

(a) section 6 (increased penalties);

(b) section 8 (restrictions on employment);

(c) section 8A (code of practice);

(d) subsection (1) of section 12 (other amendments and repeals) in so far as necessary for the purposes of the next subparagraph;

(e) the following paragraphs of Schedule 2 (amendments of the 1971 Act and the Immigration Act 1988)—

(i) paragraph 1(1);

(ii) paragraph 2;

(iii) paragraph 4(1);

(iv) paragraphs 5 and 6;

(v) paragraphs 8 to 13;

(f) section 13 (short title and interpretation).

13.  For ease of reference, the provisions of the 1996 Act as modified and extended to the Isle of Man (except for provisions which amend or repeal other enactments) are set out in Part 3 of Schedule 10.

Extension of the Immigration and Asylum Act 1999 to the Isle of Man

14.—(1) The following provisions of the 1999 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 6.

(2) The provisions are—

(a) in Part 1 (immigration: general)—

(i) sections 1 to 3 (leave to enter, or remain in, the United Kingdom);

(ii) sections 6 to 8 (exemption from immigration control);

(iii) section 10 (removal of certain persons unlawfully in the United Kingdom);

(iv) section 13 (proof of identity of persons to be removed or deported);

(v) section 14 (escorts for persons removed under directions);

(vi) sections 16 and 17 (provision of financial security);

(vii) sections 18 and 19 (information);

(viii) section 22 (restrictions on employment: code of practice);

(ix) section 24 (duty to report suspicious marriages.);

(x) sections 25 and 26 (immigration control: facilities and charges);

(xi) section 28 (offences: deception);

(xii) section 30 (offences: false statements, etc);

(b) in Part 2 (carriers’ liability)—

(i) sections 32 to 37 and Schedule 1 (sale of transporters);

(ii) subsection (2) of section 38 (assisting illegal entry and harbouring);

(iii) sections 40 to 40B (passengers without proper documents);

(iv) section 43 (interpretation of Part 2);

(c) in Part 3 (bail), section 54 (extension of right to apply for bail in deportation cases);

(d) in Part 7 (power to arrest, search and fingerprint), sections 128 to 146;

(e) in Part 10 (miscellaneous and supplemental)—

(i) sections 165 to 168 (miscellaneous and supplemental);

(ii) subsection (1) of section 169 (minor and consequential amendments, etc) in so far as necessary for the purposes of the next sub-subparagraph;

(iii) the following paragraphs of Schedule 14 (consequential amendments)—

(aa) paragraphs 43 to 45;

(bb) paragraph 52;

(cc) paragraphs 54 to 65;

(dd) paragraphs 67 and 68;

(ee) paragraph 70;

(iv) subsection (3) of section 169 (repeals) in so far as necessary for the purposes of the next sub-subparagraph;

(v) Schedule 16 (repeals), in so far as it relates to provisions of the 1971 Act, the Immigration (Carriers’ Liability) Act 1987(13), the 1988 Act and the Asylum and Immigration Appeals Act 1993(14) which extend to the Isle of Man;

(vi) section 170 (short title, commencement and extent).

15.  For ease of reference, the provisions of the 1999 Act as modified and extended to the Isle of Man (except for provisions which amend or repeal other enactments) are set out in Part 4 of Schedule 10.

Extension of the Nationality, Immigration and Asylum Act 2002 to the Isle of Man

16.—(1) The following provisions of the 2002 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 7.

(2) The provisions are—

(a) in Part 1 (nationality), section 10 (right of abode: certificate of entitlement);

(b) in Part 4 (detention and removal)—

(i) sections 62 (detention by Secretary of State) and 63 (control of entry to United Kingdom, &c.: use of force);

(ii) sections 72 to 76 (removal);

(iii) sections 78 (no removal while appeal pending) and 79 (deportation order: appeal);

(c) in Part 5 (immigration appeals)—

(i) sections 81 (adjudicators) and 82 (right of appeal: general);

(ii) sections 84 to 87 (appeal to adjudicator);

(iii) sections 88 to 92 (exceptions and limitations);

(iv) sections 94 to 99 (exceptions and limitations);

(v) section 103E (appeal from Tribunal sitting as panel);

(vi) sections 104 to 106 (procedure);

(vii) section 108 (forged document: proceedings in private);

(viii) section 109 (European Union and European Economic Area);

(ix) sections 112 (regulations, &c.) and 113 (interpretation);

(x) subsection (3) of section 114 (repeal) in so far as is necessary for the purposes of the next sub-subparagraph;

(xi) the following paragraphs of Schedule 7 (consequential amendments)—

(aa) paragraphs 1 and 2;

(bb) paragraphs 4 and 5;

(cc) paragraph 6(a);

(dd) paragraphs 7 and 8;

(d) in Part 6 (immigration procedure)—

(i) sections 118 to 121 (applications);

(ii) section 125 (carriers’ liability) in so far as is necessary for the purposes of the next sub-subparagraph;

(iii) the following paragraphs of Schedule 8 (carriers’ liability)—

(aa) paragraphs 1 to 11;

(bb) paragraph 13;

(cc) paragraphs 15 and 16(1) and (3);

(iv) sections 126 to 128 (provision of information by traveller);

(v) section 133 (disclosure of information: medical inspectors);

(vi) section 134 (disclosure of information: employer);

(vii) sections 136 to 139 (disclosure of information by private person);

(e) in Part 7 (offences)—

(i) sections 143 and 144 (assisting unlawful immigration, &c);

(ii) sections 145 to 151 (substance);

(iii) sections 152 to 155 (procedure);

(f) in Part 8 (general)—

(i) sections 159 (applied provision) and 160 (money);

(ii) section 161 (repeals) in so far as is necessary for the purposes of the next sub-subparagraph;

(iii) Schedule 9 (repeals), in so far as it relates to provisions of the 1971 Act which extend to the Isle of Man;

(iv) section 164 (short title).

17.  For ease of reference, the provisions of the 2002 Act as modified and extended to the Isle of Man (except for provisions which amend or repeal other enactments) are set out in Part 5 of Schedule 10.

Extension of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 to the Isle of Man

18.—(1) The following provisions of the 2004 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 8.

(2) The provisions are—

(a) section 1 (assisting unlawful immigration);

(b) section 2 (entering without passport, etc);

(c) section 4 (trafficking people for exploitation);

(d) section 5 (section 4: supplemental);

(e) section 6 (employment);

(f) section 14 (immigration officer: power of arrest);

(g) section 15 (fingerprinting);

(h) section 16 (information about passengers);

(i) section 17 (retention of documents);

(j) section 18 (control of entry);

(k) section 19 (procedure for marriage);

(l) section 20 (procedure for marriage: supplemental);

(m) section 25 (application for permission);

(n) subsection (6) of section 26 (unification of appeal system);

(o) subsection (7) of section 26 (unification of appeal system) in so far as is necessary for the purposes of the next subparagraph;

(p) the following paragraphs of Schedule 2 (consequential amendments)—

(i) paragraph 16;

(ii) paragraph 21(a), (b), (c) and (o);

(q) subsections (1) to (3) and (7) of section 27 (unfounded human rights or asylum claim);

(r) section 28 (appeal from within United Kingdom);

(s) section 29 (entry clearance);

(t) section 30 (earlier right of appeal);

(u) section 31 (seamen and aircrews: right of appeal);

(v) section 34 (detention pending deportation);

(w) section 35 (deportation or removal: co-operation);

(x) section 36 (electronic monitoring);

(y) section 42 (amount of fees);

(z) section 45 (interpretation: immigration officer);

(aa) section 47 (repeals) in so far as is necessary for the purposes of the next sub-subparagraph;

(bb) Schedule 4 (repeals), in so far as it relates to provisions of the 1971 Act which extend to the Isle of Man;

(cc) section 50 (short title).

19.  For ease of reference, the provisions of the 2004 Act as modified and extended to the Isle of Man (except for provisions which amend or repeal other enactments) are set out in Part 6 of Schedule 10.

Extension of the Immigration, Asylum and Nationality Act 2006 to the Isle of Man

20.—(1) The following provisions of the 2006 Act shall extend to the Isle of Man subject to the modifications specified in Schedule 9.

(2) The provisions are—

(a) section 2 (removal);

(b) section 5 (failure to provide documents);

(c) section 6 (refusal of leave to enter);

(d) section 7 (deportation);

(e) section 9 (abandonment of appeal);

(f) section 11 (continuation of leave);

(g) section 27 (documents produced or found);

(h) section 28 (fingerprinting);

(i) section 29 (attendance for fingerprinting);

(j) section 30 (proof of right of abode);

(k) section 42 (information: embarking passengers);

(l) section 48 (removal: cancellation of leave);

(m) section 50 (procedure);

(n) section 51 (fees);

(o) subsections (1) to (6) of section 52 (fees: supplemental);

(p) subsection (7) of section 52 (fees: supplemental) in so far as is necessary for the purposes of the next paragraph;

(q) the following paragraphs of Schedule 2 (fees: consequential amendments)—

(i) paragraph 4;

(ii) paragraph 6;

(r) section 53 (arrest pending deportation);

(s) section 54 (Refugee Convention: construction);

(t) section 57 (deprivation of right of abode);

(u) section 64 (citation).

21.  For ease of reference, the provisions of the 2006 Act as modified and extended to the Isle of Man (except for provisions which amend or repeal other enactments) are set out in Part 7 of Schedule 10.

Preamble

SCHEDULE 1 Enactments conferring powers under which this Order is made

Section 36 (power to extend provisions to the Islands) of the 1971 Act, including—

(a) that section as it applies to subsection (7) of section 53 (citation, commencement and extent) of the 1981 Act by virtue of subsection (5) of section 53 of that Act; and

(b) that section as it applies to the 1988 Act by virtue of subsection (5) of section 12 (short title, interpretation, commencement and extent) of the 1988 Act.

Subsections (11) and (12) of section 81 (citation and extent) of the Criminal Justice Act 1982.

Subsection (5) of section 13 (short title, interpretation, commencement and extent) of the 1996 Act.

Subsection (7) of section 170 (short title, commencement and extent) of the 1999 Act.

Subsection (4) of section 163 (extent) of the 2002 Act.

Subsection (3) of section 49 (extent) of the 2004 Act.

Subsection (3) of section 63 (extent) of the 2006 Act.

Article 4

SCHEDULE 2 Transitional provisions

Interpretation

1.  Unless the context otherwise requires, article 5 of this Order applies to this Schedule as it applies to an enactment which extends to the Isle of Man by virtue of this Order.

Transitional provision relating to the Immigration Act 1971

2.—(1) Section 3C of the 1971 Act (continuation of leave pending variation decision) shall apply in relation to an application made before 1st May 2008, in respect of which no decision has been made on or before 1st May 2008, as it applies to such an application made after 1st May 2008.

(2) Section 3D of the 1971 Act (continuation of leave following revocation) shall apply only in relation to a decision made on or after 1st May 2008.

(3) Section 5 of the 1971 Act (procedure for, and further provisions as to, deportation) shall continue to have effect in relation to any person on whom the Governor has, before 1st May 2008, served a notice of his decision to make a deportation order; and, for the purposes of that section, such a person shall be taken to be a person who is liable to deportation under section 3(5) of the 1971 Act.

(4) Section 13 of the 1971 Act (appeals against exclusion from the Isle of Man) shall continue to have effect where the decision to refuse leave to enter the Isle of Man, or to refuse a certificate of entitlement or an entry clearance, was made before 1st May 2008.

(5) Section 14 of the 1971 Act (appeals against conditions) shall continue to have effect where the decision to vary, or the refuse to vary, the limited leave to enter or remain was made before 1st May 2008.

(6) Section 15 of the 1971 Act (appeals in respect of deportation orders) shall continue to have effect where the decision to refuse to revoke a deportation order was made before 1st May 2008.

(7) Section 16 of the 1971 Act (appeals against validity of directions for removal) shall continue to have effect where the directions for a person’s removal from the Isle of Man were given before 1st May 2008.

(8) Section 17 of the 1971 Act (appeals against removal on objection to destination) shall continue to have effect where the directions for a person’s removal from the Isle of Man were given, or the notice specifying the destination of his removal was served, before 1st May 2008.

(9) Section 21 (references of cases by Governor for further consideration) shall continue to have effect where the Governor has referred a matter for consideration under that section before 1st May 2008.

(10) Where an appeal is made under Part II of the 1971 Act—

(a) paragraph 28 of Schedule 2 to the 1971 Act (stay on directions for removal) shall continue to have effect;

(b) the following provisions of the 1971 Act shall not have effect—

(i) paragraph 29(1) of Schedule 2 (grant of bail pending appeal);

(ii) paragraph 3 of Schedule 3 (effect of appeals).

Transitional provision relating to the Asylum and Immigration Act 1996

3.  Section 8 of the 1996 Act shall not apply to employment which began before 1st May 2008.

Transitional provision relating to the Immigration and Asylum Act 1999

4.  Section 10 of the 1999 Act (removal of certain persons unlawfully in the United Kingdom) shall not have effect in relation to any person on whom the Governor has, before 1st May 2008, served a notice of his intention to make a deportation order.

Transitional provision relating to the Nationality, Immigration and Asylum Act 2002

5.—(1) Subject to subparagraph (2) below, the new appeals provisions shall not have effect in relation to events which took place before 1st May 2008 and, notwithstanding the revocation of the Immigration (Isle of Man) Order 1997, the old appeals provisions shall continue to have effect in relation to such events.

(2) The following provisions of the 2002 Act—

(a) section 78 (no removal while appeal pending), and

(b) section 79 (deportation order: appeal),

shall have effect in relation to an appeal pending under the old appeals provisions as they have effect in relation to an appeal pending under section 82(1) of the 2002 Act.

(3) The adjudicators for the purposes of Part 5 of the 2002 Act shall be treated as the adjudicators for the purposes of the old appeals provisions.

(4) In the application of section 96 of the 2002 Act—

(a) a reference to an appeal or right of appeal under a provision of that Act includes a reference to an appeal or right of appeal under the old appeals provisions,

(b) a reference to a requirement imposed under that Act includes a reference to a requirement of a similar nature imposed the old appeals provisions,

(c) a reference to a statement made in response to a notice under a provision of that Act includes a reference to anything done in compliance with a requirement under the old appeals provisions, and

(d) a reference to notification by virtue of that Act includes a reference to notification by virtue of any other enactment.

(5) In this paragraph—

(a) “the new appeals provisions” means sections 82 to 99 of the 2002 Act, together with any provision (including subordinate legislation) of—

(i) the 2002 Act;

(ii) the 1971 Act (as amended by the 2002 Act) and the 1999 Act;

which refer to those provisions;

(b) “the old appeals provisions” means sections 13 to 17 of the 1971 Act, together with—

(i) any subordinate legislation which applies to those provisions (unless specific provision is made to the contrary); and

(ii) any provision of the 1971 Act or the 1988 Act which refers to those provisions.

(6) For the purposes of this paragraph, an event has taken place under the 1971 Act where—

(a) a notice was served;

(b) a decision was made or taken; and

(c) directions were given.

(7) For the purposes of this paragraph—

(a) a notice was served,

(b) a decision was made or taken, and

(c) directions were given,

on the day on which it was or they were sent to the person concerned, if sent by post or by fax, or delivered to that person, if delivered by hand.

(8) In subparagraph (7) “the person concerned” means the person who is the subject of the notice, decision, directions or certificate or the person who appears to be his representative.

Transitional provision relating to the Immigration, Asylum and Nationality Act 2006

6.—(1) Sections 2 and 5 of the 2006 Act shall apply only in respect of a decision made on or after 1st May 2008.

(2) Where, immediately before 1st May 2008, a passport or other document produced or found in accordance with paragraph 4 of Schedule 2 to the 1971 Act is being examined or detained by an immigration officer under paragraph 4(2A) or paragraph 4(4) of that Schedule, paragraph 4(4) as substituted by section 27 of the 2006 Act shall apply to the examination or detention of those documents on or after 1st May 2008 as if it had been in force on the date on which the passport or other document was produced or found, and paragraph 4(2A) shall cease to have effect.

(3) Paragraph 4(5) of Schedule 2 to the 1971 Act as substituted by section 27 of the 2006 Act shall apply only where the examination under paragraph 2, 2A or 3 of that Schedule begins on or after 1st May 2008.

Article 6

SCHEDULE 3 The Immigration Act 1971

Part 1 – regulation of entry and stay

1.—(1) Section 1 of the 1971 Act(15) is modified as follows.

(2) For “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

(3) In subsection (3), for “any of the Islands (that is to say, the Channel Islands and Isle of Man)” substitute “the United Kingdom, any of the Channel Islands”.

(4) In subsection (4), for “Secretary of State” substitute “Council of Ministers”.

(5) Omit subsection (5).

2.—(1) Section 2 of the 1971 Act(16) is modified as follows.

(2) For “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

(3) In subsection (1)(b)(i)—

(a) for “the commencement of the British Nationality Act 1981” substitute “the extension of section 39(2) of the British Nationality Act 1981 to the Isle of Man”;

(b) after “as then in force” insert “in the Isle of Man”.

3.—(1) Section 2A of the 1971 Act(17) is modified as follows.

(2) For “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

(3) For “Secretary of State”, wherever those words occur, substitute “Governor”.

4.—(1) Section 3 of the 1971 Act(18) is modified as follows.

(2) For “United Kingdom”, wherever those words occur other than in subsection (9)(a), (b) and (d), substitute “Isle of Man”.

(3) In subsection (2)—

(a) for “Secretary of State” substitute “Council of Ministers”;

(b) for “Parliament” substitute “Tynwald”;

(c) for “laid down by him” substitute “laid down by it”;

(d) for the words from “If a statement laid before” to the end substitute—

“If a statement laid before Tynwald under this subsection is disapproved by resolution passed at the sitting before which it is so laid or at the next following sitting of Tynwald then the Council of Ministers shall make changes or further changes in the rules as appear to it to be required in the circumstances and the statement of those changes shall be laid before Tynwald as soon as practicable after the said resolution was passed.”.

(4) In subsection (5)(a), for “Secretary of State” substitute “Governor”.

(5) In subsection (6), for “imprisonment” substitute “custody”.

(6) For subsection (7) substitute—

“(7) Any Order in Council made by Her Majesty under this subsection as it has effect in the United Kingdom shall have effect in the Isle of Man.”.

5.—(1) Section 3A of the 1971 Act(19) is modified as follows.

(2) In subsections (1), (2)(a), (3) and (7), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

(3) In subsections (1), (3), (4)(b), (7), (8) and (10)(a), for “Secretary of State”, wherever those words occur, substitute “Governor”.

(4) At the end of subsection (10)(b) insert—

“; and

(c) make provision with respect to leave given before such an order comes into force”.

(5) Omit subsections (12) and (13).

6.—(1) Section 3B of the 1971 Act(20) is modified as follows.

(2) In subsections (1) and (2)(c), for “United Kingdom” substitute “Isle of Man”.

(3) In subsections (1) and (3)(a), for “Secretary of State” substitute “Governor”.

(4) At the end of subsection (3)(b) insert—

“; and

(c) make provision with respect to leave given before such an order comes into force”.

(5) Omit subsections (5) and (6).

7.—(1) Section 3C of the 1971 Act(21) is modified as follows.

(2) For “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

(3) For “Secretary of State”, wherever those words occur, substitute “Governor”.

(4) In subsection (6), omit paragraphs (d) and (e).

8.—(1) Section 3D of the 1971 Act(22) is modified as follows.

(2) For “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

9.—(1) Section 4 of the 1971 Act(23) is modified as follows.

(2) For subsection (1) substitute—

“(1) The following powers under this Act shall be exercised as hereinafter provided, that is to say—

(a) the power to give or refuse leave to enter the Isle of Man shall be exercised by immigration officers,

(b) the power to give leave to remain in the Isle of Man, and the power under section 3(3)(a) to vary any leave as regards duration, shall be exercised by the Governor, and

(c) the power under section 3(3)(a) to vary any leave otherwise than as regards duration shall be exercised by the Council of Ministers,

and unless otherwise allowed by or under this Act, those powers should be exercised by notice in writing given to the person affected, except that the powers under section 3(3)(a) may be exercised generally in respect of any class of persons by order.”.

(3) In subsection (2), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

(4) In subsections (3) and (4)—

(a) for “Secretary of State” substitute “Governor”.

(b) omit the words from “made by statutory instrument” to “either House of Parliament,”.

10.—(1) Section 5 of the 1971 Act(24) is modified as follows.

(2) For “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

(3) For “Secretary of State”, wherever those words occur, substitute “Governor”.

11.—(1) Section 6 of the 1971 Act(25) is modified as follows.

(2) In subsection (1), omit the words from “Provided that” to the end.

(3) In subsection (2), for the words from “conferred” to “Northern Ireland” substitute “conferred by section 9 of the Summary Jurisdiction Act 1989 (an Act of Tynwald)(26)”.

(4) In subsection (3)(b)—

(a) for “imprisonment” substitute “custody”; and

(b) for “first offenders” substitute “persons who have not previously been sentenced to custody”.

(5) In subsection (4), for “imprisonment” substitute “custody”.

(6) In subsection (5), for the words from “but” to the end substitute “but the recommendation shall be treated as a sentence for the purpose of any enactment providing an appeal against sentence.”.

(7) In subsection (6), omit the words from “or, in Scotland” to the end.

(8) Omit subsection (7).

12.—(1) Section 7 of the 1971 Act(27) is modified as follows.

(2) In subsection (1)—

(a) for “United Kingdom”, where those words first occur, substitute “Isle of Man”;

(b) omit paragraph (a);

(c) in paragraph (b), for “Secretary of State’s” substitute “Governor’s”.

(3) In subsections (3) and (4)(c)(i), for “imprisonment” substitute “custody”.

(4) In subsection (4), for the words from “section 67” to “Criminal Justice Administration Act 1962)” substitute “section 6 of the Custody Act 1995 (an Act of Tynwald)(28)”.

13.—(1) Section 8 of the 1971 Act(29) is modified as follows.

(2) In subsections (1) to (5A), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

(3) In subsection (2)—

(a) for “Secretary of State” substitute “Governor”;

(b) for the words from “An order” to the end substitute—

“Section 166(4) of the Immigration and Asylum Act 1999 (Tynwald procedure) does not apply to an order under this subsection, except one made with respect to a class of persons.”.

(4) In subsection (3), after “a person otherwise entitled” insert “within the United Kingdom”.

(5) In subsection (6), for “United Kingdom”, where those words first occur, substitute “Isle of Man”.

14.—(1) Section 8A of the 1971 Act(30) is modified as follows.

(2) In subsections (2) and (3), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

15.—(1) Section 8B of the 1971(31) Act is modified as follows.

(2) In subsections (1), (2) and (5), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

(3) In subsection (5), for “The Secretary of State” substitute “The Council of Ministers”.

(4) Omit subsections (7) and (8).

16.—(1) Section 9 of the 1971 Act(32) is modified as follows.

(2) In subsection (1)—

(a) for “Subject to subsection (5) below, the” substitute “The”;

(b) for “the United Kingdom of the operation in any of the Islands” substitute “the Isle of Man of the operation in the United Kingdom or any of the Channel Islands”.

(3) In subsections (2), (3) and (4), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

(4) In subsection (2)(a), for “any of the Islands” substitute “the United Kingdom, any of the Channel Islands”.

(5) In subsection (2) and (4)(a), for “Secretary of State” substitute “Governor”.

(6) Omit subsections (5) to (7).

17.  Omit section 10 of the 1971 Act.

18.—(1) Section 11 of the 1971 Act(33) is modified as follows.

(2) For “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

Part 3 – criminal proceedings

19.—(1) Section 24 of the 1971 Act(34) is modified as follows.

(2) In subsection (1), for “imprisonment” substitute “custody”.

(3) In subsections (1), (1A) and (4), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

(4) In subsection (1)(d), for “to report to a medical officer of health, or to attend, or submit to a test or examination, as required by such an officer” substitute “to report to, or to attend, or submit to a test or examination, as required by, a director of public health or deputy director of public health”.

(5) In subsection (1)(e), for “, to an immigration officer” to the end substitute “or to an immigration officer;”.

(6) In subsection (1)(g), after “of this Act” insert “as it has effect in the United Kingdom”.

(7) Omit subsection (2).

20.—(1) Section 24A of the 1971 Act(35) is modified as follows.

(2) In subsections (1) and (2), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

(3) In subsection (3)—

(a) for “imprisonment”, wherever that word occurs, substitute “custody”;

(b) in paragraph (b), for “indictment” substitute “information”.

(4) Omit subsection (4).

21.—(1) Section 25 of the 1971 Act(36) is modified as follows.

(2) In subsection (4)—

(a) for “United Kingdom”, wherever those words occur, substitute “Isle of Man”;

(b) in paragraph (c), omit “a part of”.

(3) In subsection (6)—

(a) in paragraph (a), for “indictment” substitute “information”;

(b) for “imprisonment”, wherever that word occurs, substitute “custody”.

(4) In subsection (7)(a), after “this section” insert “as it has effect in the United Kingdom”.

(5) Omit subsection (8).

22.—(1) Section 25A of the 1971 Act(37) is modified as follows.

(2) In the heading, for “United Kingdom” substitute “Isle of Man”.

(3) In subsection (1)(a), for “United Kingdom” substitute “Isle of Man”.

(4) In subsection (2), for “United Kingdom”, where those words first occur, substitute “Isle of Man”.

(5) For subsection (2)(a) and (b) substitute—

“(a) the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention, or

(b) the Human Rights Convention (as defined in section 167(1) of the Immigration and Asylum Act 1999).”.

23.—(1) Section 25B of the 1971 Act(38) is modified as follows.

(2) In the heading, for “United Kingdom” substitute “Isle of Man”.

(3) In subsections (2) and (3), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

(4) In subsections (2) and (3)(c), for “Secretary of State” substitute “Governor”.

24.—(1) Section 25C of the 1971 Act(39) is modified as follows.

(2) In subsection (1), for “indictment” substitute “information”.

25.—(1) Section 25D of the 1971 Act(40) is modified as follows.

(2) Omit subsection (5).

(3) For subsection (6) substitute—

“(6) “Court” means—

(a) if the arrested person has not been charged, or if he has been charged but proceedings for the offence have not begun to be heard, a court of summary jurisdiction;

(b) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.”.

(4) Omit subsection (7).

26.—(1) Section 26 of the 1971 Act(41) is modified as follows.

(2) In subsection (1), for “imprisonment” substitute “custody”.

(3) Omit subsection (3)(c).

27.—(1) Section 26A of the 1971 Act(42) is modified as follows.

(2) In subsection (1)(b), after “Secretary of State” insert “under this Act as it has effect in the United Kingdom”.

(3) In subsection (2), at the end insert “, as that Act has effect in the United Kingdom”.

(4) In subsections (5)(a) and (6)(a), for “indictment” substitute “information”.

(5) In subsections (5) and (6), for “imprisonment”, wherever that word occurs, substitute “custody”.

(6) After subsection (7) insert—

“(7A) An order made by the Secretary of State under subsection (7) shall have effect in the Isle of Man as it has effect in the United Kingdom.”.

(7) Omit subsection (8).

28.—(1) Section 26B of the 1971 Act(43) is modified as follows.

(2) In subsection (3)(c), for “Secretary of State” substitute “Governor”.

(3) In subsection (4)—

(a) in paragraph (a), for “indictment” substitute “information”;

(b) for “imprisonment”, wherever that word occurs, substitute “custody”.

29.—(1) Section 27 of the 1971(44) Act is modified as follows.

(2) For “imprisonment” substitute “custody”.

(3) In subsections (a) and (b)(ii), for “United Kingdom”, wherever those words occur, substitute “Isle of Man”.

30.—(1) Section 28 of the 1971 Act(45) is modified as follows.

(2) For subsection (1) substitute—

“(1) Where the offence is one to which, under section 24 or 26 above, an extended time limit for prosecution is to apply, then a complaint relating to the offence may be tried by a court of summary jurisdiction—

(a) if it is made within six months after the commission of the offence, or

(b) if it is made—

(i) within three years after the commission of the offence, and

(ii) not more than two months after the date certified by the chief constable to be the date on which evidence sufficient to justify proceedings came to the notice of a constable.”.

(3) Omit subsection (2).

31.—(1) Section 28A of the 1971 Act(46) is modified as follows.

(2) Omit subsection (4).

(3) In subsection (7), omit “(or, in Scotland, a copy complaint)”.

(4) In subsection (9), omit “(or copy complaint)” wherever those words occur.

(5) In subsection (10), omit “, (4)(b)”.

(6) Omit subsection (11).

32.—(1) Section 28AA of the 1971 Act(47) is modified as follows.

(2) Omit subsection (3).

33.—(1) Section 28B of the 1971 Act(48) is modified as follows.

(2) Omit subsections (3) and (4).

34.—(1) Section 28CA of the 1971 Act(49) is modified as follows.

(2) In subsections (2)(c) and (3)(a), for “Secretary of State” substitute “Governor”.

(3) In subsection (2)(c), for “a Chief Superintendent” substitute “the Chief Constable or Deputy Chief Constable”.

(4) In subsection (3)(a), for “Assistant Director” substitute “Senior Executive Officer”.

(5) Omit subsections (6) and (7).

35.—(1) Section 28D of the 1971 Act(50) is modified as follows.

(2) For subsection (5) substitute—

“(5) Expressions which are given a meaning by the Police Powers and Procedures Act 1998 (an Act of Tynwald)(51) have the same meaning when used in this section.”.

(3) Omit subsections (6) and (7).

36.—(1) Section 28FA of the 1971 Act(52) is modified as follows.

(2) In subsection (3), omit “(a)” and the words from “or (b)” to the end.

37.—(1) Section 28FB of the 1971 Act(53) is modified as follows.

(2) In subsection (5), omit “(a)” and the words from “or (b)” to the end.

38.—(1) Section 28H of the 1971 Act(54) is modified as follows.

(2) For subsections (10) to (12) substitute—

“(10) “Custody officer” has the same meaning as in the Police Powers and Procedures Act 1998 (an Act of Tynwald).

(11) “Intimate search” has the meaning given by section 69 of that Act.

(12) “Police detention” has the meaning given by section 81(2) of that Act.”.

(3) Omit subsection (13).

39.—(1) Section 28J of the 1971 Act(55) is modified as follows.

(2) In subsection (3), for “In Northern Ireland, an application” substitute “An application”.

(3) Omit subsection (4).

(4) In subsection (5), omit “or sheriff”.

40.—(1) Section 28K of the 1971 Act(56) is modified as follows.

(2) In subsection (9), for the words following “must be returned” to the end substitute “to the Chief Registrar.”.

(3) For subsection (10) substitute—

“(10) A warrant returned under subsection (9) must be retained for 12 months by the Chief Registrar.”.

(4) Omit subsections (11) and (12).

41.—(1) Section 28L of the 1971 Act(57) is modified as follows.

(2) In subsection (1), for the words after “the same meaning” to the end substitute “as in the Police Powers and Procedures Act 1998 (an Act of Tynwald).”.

(3) In subsection (4), for “Secretary of State” substitute “Governor”.

(4) Omit subsection (5).

Part 4 - supplementary

42.—(1) Section 30 of the 1971 Act(58) is modified as follows.

(2) Omit subsection (2).

43.—(1) Section 31 of the 1971(59) Act is modified as follows.

(2) For “Parliament” substitute “Tynwald”.

(3) For “a Secretary of State” substitute “the Governor”.

(4) For paragraph (a) substitute—

“(a) by way of administrative expenses; or”.

(5) In paragraph (b), for “United Kingdom” substitute “Isle of Man”.

(6) At the end of paragraph (b), omit “or”.

(7) Omit paragraphs (c) and (d).

44.—(1) Section 31A of the 1971 Act(60) is modified as follows.

(2) In subsections (3) and (3A)(c), for “Secretary of State” substitute “Governor”.

(3) For subsection (4) substitute—

“(4) Regulations under this section may prescribe for the purpose of subsection (1) a form specified in regulations made under this section as it has effect in the United Kingdom, subject to such modifications as may be prescribed.”.

(4) Omit subsection (5).

45.—(1) Section 32 of the 1971 Act(61) is modified as follows.

(2) In the heading to section 32, for “Orders in Council” substitute “orders”.

(3) In subsection (1)—

(a) omit “Order in Council or”;

(b) omit “Order in Council,”.

(4) In subsections (2), (3) and (4), for “Secretary of State”, wherever those words occur, substitute “Governor”.

(5) Omit subsection (5).

46.—(1) Section 33 of the 1971 Act(62) is modified as follows.

(2) In subsection (1)—

(a) for “United Kingdom” substitute “Isle of Man” in the definitions of—

(i) “entrant” and “illegal entrant”;

(ii) “entry clearance”;

(iii) “limited leave” and “indefinite leave”;

(iv) “work permit”;

(b) in the appropriate place, insert the following definitions—

““constable” means any officer or member of the Isle of Man Constabulary, and “chief constable” shall be construed accordingly;”;

““Convention adoption” has the same meaning as in the Adoption Act 1984 (an Act of Tynwald)(63);”;

““Council of Ministers” means the Council of Ministers of the Isle of Man;”;

““prison officer” means an officer of an institution (within the meaning of the Custody Act 1995 (an Act of Tynwald))”;

(c) for the definition of “legally adopted” substitute—

““legally adopted” means adopted in pursuance of an order made by any court in the United Kingdom and the Islands, under a Convention adoption or by any adoption specified as an overseas adoption by order of the Governor under section 58(2) of the Adoption Act 1984 (an Act of Tynwald);”.

(3) In subsection (2A), for “United Kingdom” substitute “Isle of Man”.

(4) In subsection (3), for “Secretary of State made by statutory instrument” substitute “Governor”.

47.—(1) Section 37 of the 1971 Act is modified as follows.

(2) Omit subsection (2).

Schedule 2 – administrative provisions as to control on entry, etc

48.  Schedule 2 to the 1971 Act is modified as follows.

49.—(1) Paragraph 1 of Schedule 2(64) is modified as follows.

(2) In subparagraph (1), for the words from “Secretary of State” to the end substitute “Governor”.

(3) In subparagraph (2), for the words from “by the Secretary of State” to “and the Secretary of State” substitute “by the Department of Health and Social Security in pursuance of arrangements made between that Department and the Governor”.

(4) For subparagraph (3) substitute—

“(3) In the exercise of their functions under this Act, immigration officers shall act in accordance with such directions as may be given them—

(a) by the Governor, as respects the entry of persons into the Isle of Man and the period for which such persons may remain;